Calvary Christian College T/A Calvary Christian College Summary

[2022] FWCA 1124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Christian College T/A Calvary Christian College

(AG2022/639)

Calvary Christian College Union Collective Agreement 2021

Educational services
COMMISSIONER SIMPSON	BRISBANE, 1 APRIL 2022

Application for approval of the Calvary Christian College Union Collective Agreement 2021

An application has been made for approval of an enterprise agreement known as the Calvary Christian College Union Collective Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Christian College T/A Calvary Christian College (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Christian College, trading as Calvary Christian College, filed an application for the approval of the Calvary Christian College Union Collective Agreement 2021. The application was made to the Fair Work Commission, a federal workplace relations tribunal. The legal issue at the heart of the case was whether the proposed collective agreement met the necessary legal standards for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement adhered to the statutory requirements and if it was consistent with the principles of good faith bargaining and the Fair Work Act’s objectives.

The Fair Work Commission found that the collective agreement largely complied with the legal requirements. It noted that the agreement contained all the necessary components, including provisions on wages, conditions of employment, and dispute resolution mechanisms. However, the Commission made several minor amendments to ensure the agreement better aligned with the Act's provisions and objectives. These amendments included clarifying certain terms and ensuring that the agreement did not undermine the statutory protections afforded to employees.

Ultimately, the Commission approved the Calvary Christian College Union Collective Agreement 2021 with the modifications made. This decision ensured that the agreement would operate within the legal framework while protecting the rights of both the employer and the employees. The court's approval signified that the agreement was fair, reasonable, and consistent with the principles of good faith bargaining as required by the Fair Work Act.

Calvary Christian College T/A Calvary Christian College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established